talk about the economy and health care, each and every single day, from now until he wins the next election. if he starts his camping reset in michigan after this millie report has been submitted, this is going to be the beginning of an awesome -- >> melissa: and health care solution. thanks to the entire couch. we are back at noon tomorrow. here's harris. >> harris: developing this hour in america's southern border, illegal crossings are surging to record levels. i'm harris faulkner, you're watching "outnumbered overtime." the border patrol has been warning of an unprecedented crisis, putting the agency at a breaking point with thousands of undocumented immigrants illegally flooding across the border this week alone. u.s. detention centers are wilting under the pressure of the numbers of people. we are told we could see people stopped at the border reaching 1 million by the end of the yea year. that doubles last year's numbers. here is the commissioner of a short time ago. >> on monday and tuesday, cvp started the day with over 12,000

migrants in our custody. as of this morning, that number was 13,400. a high number for us is 4,000. a crisis level is 6,000. on monday, we saw the highest totals of apprehensions and encounters in over a decade with 4,000 migrants either apprehended or encountered at ports of entry in a single day. yesterday we broke the record again with 4117. >> harris: on this fox news alert, william la jeunesse is following the story from a west coast bureau. william? >> harris, basically the commissioners raising the white flag thing is agency is overrun and overwhelmed. 40% of border patrol agents are not patrolling the border, he said, but processing trade babysitting. playing taxi for migrants who need hospital care or rides to the bus station. the u.s. doesn't have an open border, but right now officials say in effect we do. of those 4100 migrants at brand yesterday, 60% families, 40%

children, many are sick needing quarantine. 60 a day or going to the hospital. so you have this perfect storm of factors come harris. most democrats in congress are in denial, calling this a manufactured crisis. there is no deterrent, no consequence, no jail, no fine, no deportation. there's also an unlimited supply of central americans making money here. so today the cvp commissioner begged congress for help. >> legislative relief, changes in the law, closing the vulnerabilities in our legal framework is the only way this flow will be reduced and we will be able to restore integrity to our immigration system. >> monday near phoenix agents dropped 800 migrants on the side of the road, forced by court order, it says 20 days in custody or eight hours on the bus they have to be. so this is not a surprise. take a look at this graph. a little after president trump took office, at branches of steadily increased. expecting, again, more than 100,000 this month.

let's put that in perspective. it's like feeling the michigan football stadium every month. let's multiply that by 12. over a year, that's a million apprehensions. larger than the population of san francisco. most arrive destitute, their children will attend school, get free reduced price breakfast and lunch, and many states qualify for subsidies. lawyers, health care, child care food stamps, housing, and cash. still many in congress oppose fixing the system. right now you mention those 12,000 in custody. they are designed to hold three or 4,000 at the border patrol station. 50,000 in ice custody. the majority being released, replaced by somebody else. it's a conveyor belt come harris. most people, even he just said, was he a judge from three to five years. many, never at all. >> harris: william la jeunesse, thank you very much. this was forecast and part of us from the experts the presents that he had talked with. it's a good time now to bring in white house senior advisor for

strategic medications, mercedes schlapp. good to see you. i want to start with what even more of the mainstream media is now calling a crisis of the border. but this situation is devolving very quickly. >> that's right, harris. i think what we are seeing is the fact that, because the democrats have spent so much time in denial, basically pushing forward and open border agenda, unwilling to work with the administration to close these legal loopholes, in order to determine many of these illegal aliens from coming into the country, you are seeing this chaos that we are seeing at the southern border. we need our border patrol agents to have the support, the funding, the changes in law and immigration law, in order to gain operational control of the southern border. and also ensure that we are able to strengthen our legal immigration system as opposed to continually allowing this flow of illegal aliens and smugglers

and human traffickers who are taking advantage of our broken immigration laws. >> harris: mercedes, what we are seeing -- i do know you talk with numbers on them as well, and of course the staff there at the white house. is there political room now for democrats and republicans to come together on what clearly is a manifestation of many crises of the border? the president declaring an emergency, the house could not wipe away his veto. politics aside, could you come together and do some of the things you talked about? >> i wish we could put the politics aside, because president trump has lead on this issue. he has addressed not only the humanitarian crisis in the border where we have seen sexual violence, sexual assault against these vulnerable women, children being smuggled, but also the national security crisis, which is -- who is coming into our country? of course, we see of the drug cartels play a role in making

sure that drugs are being smuggled in and landing in our communities. let me tell you, and not only overwhelms our border patrol agents who are spending more time processing illegal aliens instead of being able to monitor the border, but also local sheriffs who are having to deal with the ms-13 gang members. having to deal with the incoming flow of drugs into our communities. that is incredibly problematic. the problem is the democrats continue to play politics. we saw yesterday, the house members -- the democrats -- basically attempting to override the veto on the national emergency. they continue to push the fact that they believe this is a manufactured crisis and the president agrees and believes that this is a national emergency and will continue to focus on funding for border -- to build the border wall, as

well as to ensure that our border patrol agents have the funding may need to be able to do their job. >> harris: all right, i want to move on to this now. it was seen as a major reversal as it was rolling up. breaking news, the trump administration now backing a federal court ruling essentially striking down the entire affordable care act. president trump waited on this moments ago, we carried out live here on "outnumbered." >> we will be the party of great health care, and the democrats have let you down. they have really let you down. obamacare doesn't work, it's too expensive, you take a look at everything with deductibles -- it's a disaster. if the supreme court rules that obamacare is out, we will have a plan that is far better than obamacare. >> harris: mercedes, this is come to my attention. the minority leader kevin mccarthy has said that he had a phone conversation with the president telling him this made no sense to focus on the aca right now. especially after democrats were able to best republicans in the midterms. over the issue of pre-existing conditions.

what do you say about that? is there some disagreement within even the republican party that maybe this shouldn't be the focus right now? >> the president is going to do the right thing. the justice department came up with a conclusion that, in essence, if you call the affordable care act unconstitutional -- this goes through the legal process. in the meantime we have a reality that even the democrats agree with. that obamacare is broken. we have seen an increase in premiums. we have seen the doubling of deductibles. this is putting a huge burden on our families. our goal is to ensure that we focus on affordability, accessibility, and flexibility for american families and for american individuals. with that being said, the democrats are moving toward socialized medicine. they want the medicare for all. the one-size-fits-all. let me tell you but that would produce -- it will produce greater weight times, less care, and in essence it will cost

more. we have to ask ourselves the question -- we've got to make sure we are focused on who we are taking care of here. that is the american patient, and that what the president is focus on. >> harris: what i said before was reporting by axios, and democrats with nancy pelosi leading the way yesterday afternoon rolled out a plan that actually didn't have medicare for all. i wonder how that is sitting with some of the 2020 democratic democratic presidents or candidates. we will have to see. here is senator collins on the topic. >> i am very disappointed and vehemently opposed to the administration seeking to invalidate the entire affordable care act. clearly there are provisions of the law that do need to be fixe fixed. the answer is for the administration to work with congress and present a plan to

replace and fix the law. >> harris: republican senator collins there. is there room for the president to say, "yes, you can fix aca," or is all or nothing? >> i think it's a matter of having these conversations. the president has made it clear he wants to work on this issue, with congress. what's your member, it was not so long ago that there was a vote on graham cassidy. senator collins did not vote for it. and did not support it. that would have significantly changed and basically done away with obamacare. so we have this reality at hand we have had a system that is broken. which is obamacare, which has led to the increase in premiums. it has led to these deductibles. we want to provide more choices for american patients. and, the president was the leader in ensuring that we are there to protect pre-existing conditions. it's in his budget, he is committed to that, and he will make sure that all patients are protected. >> harris: that's a big issue, i'm glad you had that one last. let's move on. the senior doj officials as attorney general barr plans to release a version of the mueller

report to congress and the public in weeks, not months. we are also learning former trim campaign advisor george papadopoulos has formally asked president trump for a pardon. he pleaded guilty, just to remind everybody commit to making false statements in the mueller investigation. i want to get the white house wrecked into this. >> as the president has said, he has been thinking about these pardons. when it comes to the report itself, that's obviously for attorney general barr to decide when the report will be sent over to congress. the president has made it very clear, we want as much information released as possible, keeping in mind it has to be consistent with the law. keeping in mind that we have to ensure we protect classified and sensitive information. >> harris: mercedes schlapp, obviously outside the white house there. a beautiful day in d.c. good to see you, thank you. fox news alert, we are just getting word chicago police have released pages of redacted investigative reports in the jussie smollett case. this comes one day after charges

against the "empire" actor were dropped. matt finn with the breaking news in chicago. not? >> harris, it appears that chicago police wanted to very quickly release what it could in its jussie smollett case. the chicago police to parent has released some redacted documents related to its investigation into jussie smollett. moments ago, the chicago police department told me this case is now sealed, so releasing anything else in the future might be difficult or impossible. for now, chicago police apparently got out what it could to the media via previous requests. today, chicago's mayor, rahm emanuel, once again called the jussie smollett a liar. chicago's police superintendent says the actor owes the city an apology. here is chicago's top cop. >> i've heard they wanted their day in court with tv cameras so america could know the truth. even though they chose to hide behind secrecy and broker a deal to circumvent the judicial system.

>> chicago police spokesperson anthony google the treated this out after the case was suddenly dropped. "chicago police detectives didn't excellent investigation in their work was reaffirmed by an independent grand jury who brought 16 criminal counts. in our experience, innocent individuals don't forget bond and perform community service in exchange for dropped charges." the state attorney here, ken fox, suddenly recuse yourself from this investigation during the height of it. it was later revealed she texted with michelle obama's former chief of staff, teen ten. she persuaded the state attorney, kim foxx, to persuade superintendent eddie johnson attorney's case over to the fbi because the smollett family was worried about leaks. he did not turn his case over to the fbi. >> harris: matt finn with the latest on that. we will come back to you as the news warrants. if anything else pops on this case, the smollett case in chicago. thank you. >> today i am forming a special

committee on climate. on the climate crisis. we are not going to wait for our republican friends. because this issue was so urgent, we have to focus on it, highlight it now. this is such a crisis, we are looking for any way we can move it forward. even though we are in the minority at certain points in the process, we have leverage and we are going to use it for climate. >> harris: that's senate majority leader chuck schumer announcing a committee on quite a change. one day after the green new deal failed to pass its first vote in the senate. that nonbinding resolution. all 53 republicans and democrats as well, at least three, voted against it. the rest of the democrats voted present in protest. they accused senator mitch mcconnell of using the procedural vote as a political stunt, but the majority leader said he just wanted everyone on the record. ahead of 2020. one new york county has declared

a state of emergency after a severe measles outbreak. starting today, all unvaccinated children will be banned from public places for 30 days in that county. bryan llenas is live in west nyack new york. brian? >> harris, good afternoon. this is the first ban of its kind in the united states. the rockland county executive says they are taking this extreme measure because too many parents have not gotten their kids vaccinated against measles. he also said that state health inspectors are encountering more and more resistance from parents as inspectors try to locate those infected. vaccinate them and minimize their exposure to the community. >> my health inspectors have been hung up upon or told not to call again. they have been told we are not discussing this, do not come back. when visiting the homes of affected individuals as part of their investigations. this type of response is unacceptable and, frankly,

irresponsible. it engages the health and well-being of others. >> rockland county new york, located an hour north of new york city, has not being able to stop the spread measles since the outbreak began in october. they say the outbreak began in ultra-orthodox jewish communities where anti-vaccination literature has spread. under the public band, all of those under the age of 18 who are unvaccinated against the measles are barred from public spaces like shopping malls, restaurants, schools, public transportation, and places of worship. parks and playgrounds are excluded. the state of emergency is in effect until april 25th. they are trying to stop the outbreak before passover and easter gatherings begin. there are a total of 153 confirmed cases in rockland county. 128 of those infected are 18 or younger, and the measles is highly contagious. most to have it art not vaccinated.

in this county, 20% of the children do not have the vaccination against the measles. there are over 300 measles cases nationwide right now, with outbreaks of the disease in six states. new york, washington, texas, illinois, michigan, and california. harris, the county says parents who do not follow this ban could face a misdemeanor and up to six months in jail. how they plan on enforcing that is a question. they do say they will not be asking people for their vaccination papers. they just want people to get the kids vaccinated. >> harris: that's really interesting. it deserves a closer look. i'm glad you brought that up. the enforcement, and also some are crying that this may not be constitutional. i will get into all of it. brian, thank you very much. when i come back to the severe measles outbreak with my guest coming up later this hour, ed davis will join me at the bottom of the hour. watch for that. i have a lot of questions about it. plus, democratic reaction to the crisis at the southern border. congressman john garamendi weighs in. remember, we just heard from the

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>> harris: new fallout over the college admission scandal that led to dozens of arrests, including two hollywood actresses. now fox news is learning the education department is investigating eight of the schools involved, and they include -- look at the list -- georgetown, stanford, ucla, the university of san diego, usc, the university of texas at austin, wake forest, and heal. the preliminary investigation is focused on finding any violations of federal student financial aid programs. we'll keep you posted. back to the top story now, the commissioner of customs and border protection is addressing "unprecedented crisis" at our southern border.

cvp says they have more than illegal immigrant in custody, more than doubling. joining me now, john carmody, who sits on the armed services committee. thinking through being with me. the president has declared an emergency. this is a lot. there is nonestimated up to 1 million people by the end of the year that will have crossed our borders illegally. at this in fact an emergency customer care status california. >> whether it's an emergency or not, the question is what we are going to do about it. the proposal that has come from the president, frankly, doesn't make a lot of sense. particularly where he intends to get the money out of military construction programs that need to be center for the military and the security of our nation. let me just share with you and experience i had just seven days ago. i was in jordan. with the jordanian military on the border between jordan and

syria. the 300 plus, probably 340-mile border in which the united states has spent $340 million to build a 21st century border security. one that has all the observation devices, the various towers located at key places, and rapid response mechanisms in place. >> harris: what's your point? >> the point is it works. the most dangerous place in the world, a virtual border security -- >> harris: may i ask a blunt question customer and i don't mean any incident is every about this. but either as many people tried to get to jordan for jobs and other things as there are people -- and we aren't just talking about mexico. look at all of those countries. central, sending unaccompanied children and minors to aborted. i don't know if jordan is doing with that. i would be curious, it's just a question. >> is an excellent question because jordan now has over 2 million displaced persons from syria. in syria itself there is

probably a few hundred thousand syrians who are trying to get out. >> harris: isn't that just because of the war, though? it's a silent, its refugees. i'm just trying to point out that it might not be apples to apples. >> it's actually quite similar. in both cases you are looking at people who are fleeing a dangerous situation. you may or may not agree that the central american countries are as dangerous as syria. >> harris: they are, especially for drug traffickers and young women and men being sexually assaulted along the journey. >> we agree that we have a humanitarian crisis. the question is, how do we deal with that? also the u.n. -- we also observed the u.n. high commission on refugees that is able to process using biometrics, eye scans, fingerprints, and complete history of the individuals so that the families are not separated. it's fascinating. they can process 3500 people a day, and if necessary go as high

as 5,000 people a day. there are systems in place that we can -- >> harris: maybe you can make some suggestions. he started with "whether it's an emergency or not." it does matter. >> yes, it does. >> harris: in the house he said it wasn't an emergency and you press the president into a veto. but let's move on. president trump says the g.o.p. will have a far better plan than obamacare as he had administration backs the court ruling that would dismantle the entire affordable care act. i saw the pivot that, in the house, they made onto health care. why are you focused on this particularly now, and what is the plan? >> well, the president has made an attempt in a court action that is in place in texas, and is active at this moment. that would wipe out the affordable care act, 20 million americans would lose their insurance. all of the protections on pre-existing conditions would disappear, and the health care

costs containment such as it is -- which is not all that great -- would similarly disappear. there is no g.o.p. plan. unfortunately there is -- and this is not new -- for eight years the republicans have said "repeal and replace." the fact of the matter is there was really no replacement. certainly the president has not put forward any replacement. it is a major, major policy issue. yes, we are pivoting because, in fact, the scene has changed. the president has acted in a way that frankly is very detrimental to americans. >> harris: i met pivoting away from the focus on trying to get the mueller report, which is where some in your party still want to be focused. mercedes schlapp with that community should steam at the white house months ago said the president's plan and focus actually does include keeping pre-existing conditions. you guys will work it out on the hill. i have to let you go. >> we have to pay thanks, harris. >> harris: thank you very much. breaking news now in the case of jussie smollett. a day after prosecutors dropped all charges against the actor accused of staging a hate crime

attack, with the chicago police just did in response and how prosecutors just pushed back to make them stop. around and around we go. stay close. ♪ i switched to miralax for my constipation.

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>> harris: fox news alert, another twist now in the jussie smollett story. chicago police have just released redacted portions of their investigative report into the "empire" actor who they claim staged a hate crime. now a court order has reportedly barred them from releasing any more information. guy loomis, a former u.s. attorney, and alex lytle, a criminal defense attorney in litigation attorney, join me now. guy, i know this could reach the federal level but right now it's at the state. what is going on? now this information is blocked. >> boy, oh, boy, harris. this is open warfare between the chicago police department and the d.a.'s office, which cannot be good for the people of the city of chicago.

frankly, i have not seen anything like this before. >> harris: alex, i want to ask you about the news conference yesterday. if there is anything that kind of tip to you that this might be the direction that we would go to. >> there were a number of new services is to become harris paid [laughs] i'm not sure which one. >> harris: the one with the mayor of this police superintendent who were not very happy. >> it was a mess. first, when the defendant came out and said, "i'm innocent, these charges shouldn't have happened at all," that was so controverted by what we had heard for the police before. it was pretty clear about the folks started thinking, "what can we do to get our story out and defend our actions making the original arrest and indictment customer can they do not be releasing those records. >> harris: >> harris: the breaks now is that -- well, we haven't, but there have been released some redacted documents, guy. i know that when you release something on capitol hill you're talking about classified. we'd be redacted in this and how helpful is it that the media gets their hands on what has been released? >> harris, let me tell you how

externally this is. first of all, absolutely i advocate full open release in this case. the light of day needs to shine on this case. something is severely wrong. normally we have is in agreement. a written agreement between the parties. they have deferred prosecution, something that you can look at and say, "hey, this is why we are doing what we are doing." and they usually have the defendant or the defense counsel come in and move to seal the proceedings. not the prosecution, which is what i think happened here. >> harris: that's interesting. smollett's attorney was on another network last night and she was asked the question about sealing the documents. she said, "well, that's normal. that is something i would do on behalf of my client, because of the case being dropped." alex, what do you do at this

point to get to see the rest of those records? or is it too late now they've seen a movement by the court? and the sealed documents? >> it looks like the police have gotten out of the court order and have been able to release them. what's interesting about any investigation -- >> harris: some of them. >> right, some of them. once you sort through them, i know there are 6070 pages worth. it sounds like it's the narrative of the detectives that will tell us quite a bit. that'll be litigated under state law there in illinois for open records. we get access to and what you don't. here, i would be shocked if a court, over a long period of litigation, says the public doesn't have an interest in thi this. >> harris: if you if they are sealed? is not the point of sealing them? >> a news agency like fox is going to come in and say, "we want to see those records," and the court will have to justify the ceiling order. in this particular case, which is so extreme there, i think there's a good argument for public access. >> harris: you said warfare, you need the light of day on

this case. we will continue to follow this as it breaks. thank you for joining me. heart stopping video of a shooting at a boston-area hotel. you can see the intended target slamming its doors before forcing his way into the crowne plaza hotel. this happened yesterday. the gunmen then fired at least one shot. the victim was not hit by the gunfire, although he suffered a minor injury in all of this. officers are now searching for the gunmen. violence in the gaza strip for a second night as the israeli military is launching more air strikes on hamas targets. i want to go live to trey yingst, who was first in syria and now across the border in israel in the gaza area with more on this. trey? >> harris, tensions continue to rise here along the israel-gaza border for the second day after a rocket was fired into central israel hitting a civilian home on monday. we do have some breaking news right now, harris. we are told by sources inside gaza that egyptian negotiators have just entered the gaza strip. they are looking to negotiate a

long-term cease-fire deal between factions inside gaza, and the israeli government. i want to show you the scene behind me, harris. it's a bit dark but you can see some lights off in the distance. you are going to see lights, those are coming from israeli tanks and also armored vehicles. the israelis are staging here along the border, harris, just in case they will need to launch some sort of ground invasion into gaza. there are major protests expected on saturday for the one-year anniversary of demonstrations that palestinians have been holding. expressing some of their concerns with the israeli blockade on the gaza strip. right now things do remain tense, but there is hope in the region that these negotiators are going to be able to find some sort of solution. there has been not only physical action this week with air strikes from the israeli military and also rockets fired from factions in gaza back into israel, but also a war of words. senior israeli officials oftentimes associated with the prime minister have been poking fun at leaders of hamas inside

gaza for some of the air strikes taking place, destroying the leader of hamas' office inside gaza. speaking inside the gaza strip, he said his message to the israelis was obviously hard because there is a cease-fire, at least temporarily, right now. the one i want to revisit the breaking news, egyptian officials there have entered the area. can you give me any more details on that? >> harris, i spoke earlier tonight with a senior hamas official inside the gaza strip described the situation as fragile. so these egyptian negotiators often work with the israelis and also hamas leadership inside gaza in an effort to try and find common ground. what they're going to be doing tonight, harris, is looking for a way to avoid a major ground operation. we are seeing behind us right now tanks that previously have been staged along the border. where he sings a movement from those tanks. we will don't want to get ahead of what it means but there are they are certainly repaired to enter the gaza strip should

situation unravel. things were come along the border it appeared the cease-fire would all and then the question started again. >> harris: bringing us the latest from there, trey yingst, thank you very much. great reporting. one county in new york has taken unprecedented steps as a health crisis is on boarding. children are not vaccinated against measles by don mike myers and are being banned from public places. i will talk with the man leading the charge from stopping the outbreak from spreading. stay with me. ♪ newday va home loan for veterans. it lets you borrow up to 100 percent of your home's value. not just 80 percent like other loans. and that can mean a lot more money for you and your family. with our military service, veterans like us have earned a valuable va benefit. the right to apply for a va home loan. the newday va loan lets you refinance your mortgages, consolidate your credit card debt, put cash in the bank,

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>> harris: an emotional day in the wisconsin courtroom where a man charged of kidnapping jimmy claussen murdering her parents is expected to plead guilty. mike tobin is in chicago with the latest. my? >> we are watching that courthouse in barron county wisconsin because jay patterson should have his appearance shortly. the best indication we have of what will happen today in court comes from the suspect himself. he answered questions to a

reporter from nbc affiliate in minneapolis. the questions were in a letter that was sent to paterson, and he reportedly answered. one question, what is your plan now? he wrote, "plead guilty. i want her relatives to know that, and not worry about a child." also decant believe what he did, kidnapping jayme closs and kill your parents and holding her until she escaped. the letter said it was really stupid. that he always knew he would get caught and when he got caught he wouldn't fight. nothing, with the intention that she would not be interviewed by police. he also called another local reporter saying that he and jamie spent the 88 days of her captivity watching television, chatting, playing board games, and cooking. he's looking at two counts of murder for the killing of her parents, both of those carry a life sentence. there is no death penalty in wisconsin. he's looking at a count of kidnapping with a maximum sentence of 40 years. the armed burglary charges punishable by up to 15 years. murder and kidnapping happened

october 15th. jayme escape and generate health. police records show that patterson said he randomly spotted jayme closs getting on a school bus and decided that was the girl he wanted to kidnap. harris? we are waiting for appearance now. >> harris: mike tobin, thank you very much. i want to get back to one of our top stories today. a new york county has declared a state of emergency. starting today, children not vaccinated against the measles virus are banned from public places. so far there are 153 confirmed cases of measles in rockland county. the rockland county executive, ed day, joins me now. why did you take this step? >> i took this step because we've been battling this for six months. six months ago we had seven infected individuals come from overseas to our local community in rockland county. the health department did a wonderful job with the mission of minimizing exposures and maximizing immunizations. we have given over 17,000 mmr vaccines out, but now it's happening is the amount of

resistance we had before is gaining ground, a foothold. we are trying to find out where infected people go. palisades mall, one of the largest malls in the country, we had infected people there. knowing that the measles contagion can exist for two hours, it's critically important that we find out where these folks have been. we are having doors slammed in our faces, our inspectors, people are not speaking to them. what we have done here is bump it up a notch. this is an attention grabber. this is by design. >> harris: how do you enforce something like this? are you looking at papers? how do you know who has had the vaccination and who hasn't? >> we know a lot through the schools, but at the end of the day, the emergency declaration carries with it at misdemeanor violation. we are not looking to arrest people. if anything comes up that is extremely will sit down with district attorneys and make a judgment from there. this is meant to get people's attention. >> harris: your people's attention. >> obviously. but not to give people

understand, we scaled back the requirements just to have this done as soon as possible. especially with easter and passover coming up. we have reduced the requirement to one mmr shot, which gives us 93% immunization for that child. once that happens, in four days that child could become part of the jewish moment here in rockland county. >> harris: have to ask about the constitutionality. critics are quick to say, are they right about this, that this is not constitutional? to basically quarantine people? >> we are not quarantining people, we can tell them that they cannot interact in public places. >> harris: doesn't that only allow them to interact in private places? >> pretty much. but they can still go outdoors. outdoors are fair, you can go to park. we're talking about buildings and places of assembly. as far as constitutionality is concerned, there is currently legislation in albany that would essentially mandate vaccines unless you have an extreme

medical condition. i have to concur with that. but there are truly no religious exemptions. the orthodox community where much of this occurred has been supportive of our efforts. 100 rabbis locally, the council of rabbis, have supported the notion of getting vaccinations. there is no religious exemption here. it's a matter of people having their own takeaways about vaccines. every decision to parent is tough. >> harris: is this a desperate move? >> it's not desperate, it's a firm move. i don't do desperation. this is something -- we are doing some message sending. >> harris: it's a lot of cases. rockland county executive ed day joining me now. come back, how to get an update on this at some point. thank you. good to talk with you. things not looking up for boeing as a 737 max eight plane was forced to make an emergency landing. this, of course, after two recent deadly crashes. now boeing is what they say is a temporary fix.

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>> dana: hi, everyone. i'm dana perino. the "chicago tribune" says giving jussie smollett a pass is indefensible. i will talk to one of the editorial read is about that. plus, who was the first 2020 candidate to release their taxes, and which one is already speaking out about being a vp

customer we have answers. could some evangelical voters make a surprising move in the voting booth next election? we'll explain "the daily briefing" ." >> harris: coming in with some breaking developments across the atlantic, prime minister theresa may has reportedly told her conservative party members that she will quit once brexit is delivered. she didn't set a date, reports say once brexit is over, britain's future relationship with the european union will be left to a new leader. that, from theresa may. more as we get it. new concerns about the boeing 737 max 8 aircraft involved and to coat deadly crashes. the same model was forced to make an emergency landing yesterday as it was on its way to temporary storage. meanwhile, boeing is previewing a fix for that jetliner software system. dan springer's live outside seattle with the latest. dan? >> hey come harris. boeing's most important plane by far, the 737 max is really under

an intense microscope from this washington to washington, d.c., today. yesterday's emergency landing in orlando certainly did not help. however, it was unrelated to the crash investigations. two southwest airline pilots are flying the plane to california to store it. right after take off they realize an engine wasn't performing right. they turned around and see if he made an emergency landing. the faa is investigating. meantime, we are expecting a preliminary report on the cause of the ethiopian airlines crash any day now. that prompted the grounding of the 737 max. much has been made about boeing's extensive role in getting faa certification. during a congressional hearing today the transportation secretary defended the process which has been in place for over 90 years. >> the faa cannot do it on their own. they need to have the input from the manufacturer. >> the other big development today, boeing officials are discussing their fixed to the

anti-stall system on the 737 max, which is being implicated in both fatal crashes. the new software requires two sensors on the front of the plane to agree that the attack angle is too high before the mcas system kicks in to push the nose of the plane down. a faulty single sensor has been the problem. also, the system will only be engaged once, so pilots will not have to fight with it if they turn it off. boeing has been testing the fix in simulators and test flights for several weeks now and delivered the plant to the faa in january. with all the heat on the faa, it will collaborate with other countries before approving the planes for passengers. >> the faa has already said that it does not want to be the first one to put the airplane back into the air. they wants to have a consensus of the regulators to do so. of course, that is a major shif shift. >> the speculation is that the planes could be back in the air with this fix approved by the

faa perhaps by may. back to you, harris. >> harris: dan, thank you. i'll be rightrs back rent. ow in and you won't need a down payment because, at newday, your service is your down payment. and every day newday helps veterans buy a home without spending one dollar out of pocket for closing costs. no down payment, not one dollar out of pocket for closing costs. why rent when you can buy? go to newdayusa.com, or call 1-833-853-7626

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and save money with dawn ultra. brand power. helping you better. >> harris: thank you for watching outnumbered overtime. the daily briefing starts now. >> dana: the daily brief starts now. three big stories. boeing announcing moments ago changes to the 737 max jet. and chicago police smell a political rat in the wake of the jussie smollett dismissal. plus, hear what stacey adams has to say about taking second place in the political race. hello, everyone. this is the daily briefing. mixed administration after the trump administration changes its stance on obama care. here's what president trump had to say about it just a few hours ago. >> obama care is a disaster. it's too